A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts
Ajay convinces Bandita, a girl aged $18$ that she would sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming the Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.
Which of the following is correct?

Ajay should be allowed to recover the money because even though there is no contract, Bandita and Chaaru should not be allowed to unjustly benefit from Ajay's money

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Ajay should be allowed the possession of the land because Chaaru can always decide to approve the transaction between Ajay and Bandita

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Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land

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None of the above

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Solution

The correct option is C Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land
Fact provide the Ajay 'induced' Bandita to sell the land even though her mother was the guardian. Thus, there was no misrepresentation on part of Bandita.

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Similar questions

Q. Consists of legal proposition(s)/principle(s) (herein after referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: According to law, a person is deemed to have attained the age of majority when he completes the age of 18 years, except in the case of a person where a guardian of a minor's person or property has been appointed under the Guardians and Wards Act, 1890 or where the superintendence of a minor's property is assumed by a Court of Wards. Indian law expressly forbids a minor from entering into a contract. Hence, any contract entered into by a minor is void-ab-initio regardless of whether the other party was aware of his minority or not. Further, though a minor is not competent to contract, nothing in the Contract Act prevents him from making the other party bound to the minor.
Facts: Lal executed a promissory note in favour of Gurudutt, aged 16 years stating that he would pay Gurudutt a sum of Rs. 2 Lakhs when he attains the age of majority. On attaining the age of 18, Gurudutt demanded the amount from Lel, who refused to pay. Gurudutt wants to take legal action against Lal. Identify the most appropriate legal position from the following:

Q. LEGAL PRINCIPLE: A minor is not competent to contract.

FACTUAL SITUATION: Deep, a 9th standard student realizes that he being a minor, he is not permitted by law to execute a contract, appoints Mandeep as his agent to conclude purchase of a land to gift it to his mother on her birthday. Mandeep accordingly prepares the papers for the transaction but at the last minute the seller who had agreed to sell it now refuses to sell it contending that he does not wish to sell the land to a minor. Deep seeks to enforce the contract against the seller.

DECIDE.

Q. Solve.
X, a guardian, on behalf of V, a minor, entered. into a contract with Z for the purchase of a movable property for the benefit of the minor. Is the contract valid?

Q. Principle: Every person, who is of the age of majority, is competent to contract according to the law to which he is subject.
Facts: A minor mortgaged his house in favour of Thakur Das, a money lender, to secure a loan of

R s . 20000

. A part of this, i.e.

R s . 10500

was actually advanced to him. While considering the proposed advance, the attorney who was acting for the money lender, received information that the plaintiff was still a minor. Subsequently the minor commenced an action stating that he was underage when he executed the mortgage and the same should, therefore, be cancelled. He prayed for setting aside the mortgage. The mortgagee money lender prayed for the refund of

R s . 10500

from the minor.

Q. Where a minor on attaining majority elects to become a partner, he does not becomes personally liable as other partners to the third parties for all the acts of the firm done since he was admitted to the benefits of partnership.

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The correct option is C Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the landFact provide the Ajay 'induced' Bandita to sell the land even though her mother was the guardian. Thus, there was no misrepresentation on part of Bandita.

The correct option is C Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land
Fact provide the Ajay 'induced' Bandita to sell the land even though her mother was the guardian. Thus, there was no misrepresentation on part of Bandita.